Driving after a DUI in Missouri: the Restricted Driving Privilege (RDP)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The officer issues the Notice of Suspension or Revocation of Your Driving Privilege (Form 2385), which is also a Temporary 15-Day Driving Permit if a valid Missouri license was surrendered and is not otherwise expired, suspended, revoked or denied. The suspension or revocation starts 15 days from the date of the notice unless a hearing is requested. The request is made on the 'Request for Administrative Hearing' section of Form 2385 within 15 days of the date of the notice, mailed to Missouri Department of Revenue, P.O. Box 475, Jefferson City, MO 65105-0475 or faxed to (573) 751-8115; a telephone hearing is scheduled unless the in-person box is checked. RSMo 302.525.1 and 302.530 provide that a request received or postmarked within the fifteen-day period stays the effective date and the department issues a temporary permit valid until the hearing date; the sole issue is whether the pers

“Hearing Information: You may request a hearing to contest the basis for your suspension or revocation. If you want a hearing, you must make your request within 15 days of the date of this notice.”

Who can get it, and how soon

The DOR states that a driver stopped or arrested with a BAC over the legal limit who has no alcohol-related offenses within the past 5 years and whose license is not suspended or revoked for other reasons has two options: an immediate 90-day RDP with an ignition interlock device, or a 30-day suspension followed by a 60-day RDP. A driver with a prior alcohol-related enforcement contact within 5 years is revoked for one year and is not eligible for an RDP (may be eligible for a Limited Driving Privilege). A refusal results in a one-year Chemical Revocation with no RDP; the DOR FAQ states the driver may be eligible for an LDP with an ignition interlock device and an SR-22. Form 2385 states CDL holders are subject to a separate disqualification.

“If you have had a prior alcohol-related offense within the past 5 years, you are not eligible for a Restricted Driving Privilege (RDP).”

Administrative (per se) track, first offense in 5 years: RSMo 302.525.2(1) provides a 30-day suspension followed by a 60-day restricted driving privilege, and states that no restricted driving privilege may be issued under that section until the person has completed the first thirty days of the suspension; but if the person files proof that any vehicle operated is equipped with a functioning, certified ignition interlock device 'there shall be no period of suspension' and the person instead completes a 90-day restricted driving privilege. Form 2385 and the DOR RDP page describe the same choice: the immediate 90-day interlock RDP (request within 15 days of the notice) or Option 2, serve a 30-day suspension then a 60-day RDP. The suspension itself becomes effective 15 days after the notice (or after the hearing decision). Refusal (Chemical Revocation, one year): no RDP; the DOR FAQ states

“If a person otherwise subject to the provisions of this subdivision files proof of installation with the department of revenue that any vehicle that he or she operates is equipped with a functioning, certified ignition interlock device, there shall be no period of suspension.”

Conditions attached to the privilege

Option 1 (immediate 90-day interlock RDP), as stated by the DOR: submit the Request for Immediate 90-Day Restricted Driving Privilege (contained in Form 2385, or separate Form 5489) within 15 days of the date the Notice of Suspension or Revocation (Form 2385) is received, by mail to Driver License Bureau, PO Box 3700, Jefferson City, MO 65105-3700 or fax (573) 526-3452; file proof of installation of an approved IID for any vehicle operated; file proof of insurance (SR-22) if 21 or older (not required for a first suspension under 21). The IID must be maintained without violation (7 CSR 60-2.010) during the RDP and the installer must certify that to the DOR; failure to obtain certification results in a 30-day extension of the interlock RDP or an additional 30-day suspension. Option 2 (60-day RDP): serve the 30-day suspension; file the SR-22 if 21 or older; proof of IID installation only if

“Complete and submit the Request for Immediate 90-Day Restricted Driving Privilege form within 15 days of the date you receive the Notice of Suspension or Revocation of Your Driving Privilege (Form 2385).”

Where and when it allows driving

90-day interlock RDP: driving in connection with employment, education, medical treatment, alcohol or drug treatment, ignition interlock provider, court obligations, religious services, child care, court-ordered visitation and custodial obligations, and fueling and grocery requirements. 60-day RDP: only employment, education, alcohol treatment, or ignition interlock provider. No hour or geographic limits are stated. RSMo 302.525.2(1) requires the person to carry a copy of the RDP while driving.

“for the limited purpose of driving in connection with employment, education, medical treatment, alcohol or drug treatment, ignition interlock provider, court obligations, religious services, child care, court-ordered visitation and custodial obligations, and fueling and grocery requirements.”

How it is issued

The licensing agency issues the Restricted Driving Privilege (RDP).

Official page: dor.mo.gov

The statute: Mo. Rev. Stat. § 302.525

“In no case shall restricted driving privileges be issued pursuant to this section or section 302.535 until the person has completed the first thirty days of a suspension under this section.”